On March 19th, Murthy Law Firm (MLF) attorney Brian Green presented a continuing legal education webinar on two immigration remedies that often are overlooked by less experienced practitioners: mandamus actions and suits filed under the federal Administrative Procedure Act (APA). The event was sponsored by...
A week before the April 1, 2014 commencement of the fiscal year 2015 (FY15) cap season, the U.S. Citizenship and Immigration Services (USCIS) issued a notice regarding related filing procedures and expectations. The USCIS confirms expectations that the number of H1B cap-subject filings will exceed the...
Looking ahead to this year's midterm elections, it's a safe bet that we'll hear more about immigration policy as campaign season hits its stride. If recent elections are any guide, the national conversation about public policy - particularly where immigration is concerned - is likely...
Earlier this month, President Obama presented Congress with his annual budget request, outlining his administration's spending and policy priorities for fiscal year 2015 (FY15), which begins October 1st. Of particular interest to us and to our readers: the budget request for the Department of Homeland...
Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. So, the employer must be paid for this part of the case. The USCIS does not have the same view, so the expenses of the I-140 and...
Answer A promotion doesn't invalidate the PERM/I-140 automatically. But, the GC is based upon the job offer in the PERM. So, if there is a true change in the position that is not consistent with the PERM/I-140, this could pose a problem. The job offer must...
Answer The EAD is based on the pending I-485. It stays valid even if there is a job change using an H1B. What is important is to keep the entire GC case on solid footing. Normally, a job change indicates use of AC21 GC portability. We...
Answer First, it is important to understand whether the first case is for a cap-exempt employer; not all nonprofits are cap exempt. If the employer is not cap exempt (perhaps, that is why they are filing in April), there is no issue. If the employer IS...
The National Foundation for American Policy (NFAP) recently released a study that documents and analyzes the dramatic increase in the percentage of L1B petitions denied by the U.S. Citizenship and Immigration Services (USCIS) in recent years. The NFAP finds that the situation is even worse...
Answer According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is...
